The employer was denied summary judgment on the ADA retaliation claim because the Fourth Circuit has not resolved whether placing an employee on a performance improvement plan, or PIP, after they engaged in protected conduct, could be an adverse employment ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where the disability administrator’s initial letter concluded the applicant was disabled due to a mental condition, but its final determination concluded that he was not, the claim was remanded to the administrator so that the applicant could administratively appeal the ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

Where a Virginia resident whose vehicle struck a motorcycle and killed a 19-year old in the United Kingdom refused to be subject to the service of subpoenas or to the taking of depositions in the United Kingdom, and refused to ...

Tagged with: Judge T.S. Ellis III Negligence U.S. District Court - Eastern District

Although parents challenged an individualized education program, or IEP, the Fairfax County School Board satisfied its obligations under the Individuals with Disabilities Education Act because the IEP was reasonably calculated to enable the child to make appropriate progress in the ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District

Where the adult children of the decedent were entitled to the $500,000 proceeds of her life insurance policy, they did not require a trust or a trustee to monitor distribution of benefits because both are responsible adults pursuing graduate degrees. ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

Where one of the defendants in a criminal copyright infringement case voluntarily disclosed to an FBI agent substantive legal advice he received from his attorney, he waived attorney-client privilege. However, the waiver was not as broad as the government argued ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

A former transportation security officer failed to bring the alleged discriminatory conduct to the attention of an EEO officer within 45 days, there were no incidents within six months from the date he contacted the EEO, most of the incidents ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

Tagged with: Commercial Judge T.S. Ellis III U.S. District Court - Eastern District

Even though a couple married and lived together as husband and wife for 18 years, the wife cannot collect on her deceased husband’s nearly $722,000 pension because – unbeknownst to her – the husband had never divorced his previous wife. ...

Tagged with: Domestic Relations Family Law Judge T.S. Ellis III U.S. District Court - Eastern District

Where a decedent’s 401(k) plan provided his surviving spouse was entitled to receive the proceeds, and the plaintiff, his third wife, claimed she was the surviving spouse but evidence showed his prior marriage did not end in divorce, the plaintiff ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District